Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) An eligible person may apply to an issuing officer for the issue of a warrant under subsection (2) if—
(a) the eligible person has reasonable grounds for suspecting that, on a particular day (the relevant day ), that is a day not later than 1 month after the day when, the application is made, there may be, on any land or on or in any premises, vessel, aircraft or vehicle, a thing or things of a particular kind connected with a special ACC operation/investigation ( things of the relevant kind ); and
(b) the eligible person believes on reasonable grounds that, if a summons were issued for the production of the thing or things, the thing or things might be concealed, lost, mutilated or destroyed.
(2) If an application under subsection (1) is made to an issuing officer, the issuing officer may issue a warrant authorising a person named in the warrant (the authorised person ), with the assistance as the authorised person considers necessary and if necessary by force—
(a) to enter on the land or on or into the premises, vessel, aircraft or vehicle; and
(b) to search the land, premises, vessel, aircraft or vehicle for things of the relevant kind; and
(c) to seize any things of the relevant kind found on the land or on or in the premises, vessel, aircraft or vehicle and deliver things so seized to anyone participating in the special ACC operation/investigation.
(3) An issuing officer must not issue a warrant under subsection (2) unless—
(a) an affidavit has been given to the officer setting out the grounds on which the issue of the warrant is being sought; and
(b) the applicant (or someone else) has given to the issuing officer, either orally or by affidavit, the further information (if any) that the issuing officer requires about the grounds on which the issue of the warrant is being sought; and
(c) the issuing officer is satisfied that there are reasonable grounds for issuing the warrant.
(4) If an issuing officer issues a warrant under subsection (2), the officer must state on the affidavit given to the officer as mentioned in subsection (3) (a) which of the grounds stated in that affidavit the officer has relied on to justify the issue of the warrant and particulars of any other grounds relied on by the officer to justify the issue of the warrant.
(5) A warrant issued under this section must—
(a) include a statement of the purpose for which the warrant is issued, which must include a reference to the special ACC operation/investigation and with which the things of the relevant kind are connected; and
(b) state whether entry is authorised to be made at any time of the day or night or during stated hours of the day or night; and
(c) include a description of the kind of things authorised to be seized; and
(d) state a date, not later than 1 month after the day of issue of the warrant, when the warrant ceases to have effect.
(6) A warrant issued under this section may be executed, in accordance with its terms, at any time during the period beginning on the relevant day and ending on the date stated in the warrant as the date when the warrant ceases to have effect.
(7) A person executing a warrant issued under this section may only use the reasonable force that is necessary for the execution.
(8) If, in the course of searching, in accordance with the terms of a warrant issued under this section, for things of the relevant kind, the person executing the warrant finds a thing that the person believes on reasonable grounds to be evidence that would be admissible in the prosecution of a person for an offence against a Commonwealth, State or Territory law and the person believes on reasonable grounds that it is necessary to seize the thing to prevent its concealment, loss, mutilation or destruction, or its use in committing such an offence, the person may seize the thing and, if the person does so, the thing is to be taken, for this Act, to have been seized under the warrant.
(9) If a thing is seized under a warrant issued under this section—
(a) the head of the special ACC operation/investigation may keep the thing if, and for so long as, keeping the thing by the head of the special ACC operation/investigation is reasonably necessary for the purposes of the special ACC operation/investigation to which the thing is relevant; and
(b) if the keeping of the thing by the head of the special ACC operation/investigation is not, or ceases to be, reasonably necessary for such purposes, a person participating in the special ACC operation/investigation must give the thing to—
(i) if the thing may be used in evidence in a proceeding of a kind mentioned in subsection (12)—the authority or person responsible for taking the proceeding; or
(ii) if subparagraph (i) does not apply—the person who appears to the person participating in the special ACC operation/investigation to be entitled to the possession of the thing;
unless the CEO has given the thing to the Attorney-General of the Commonwealth or a State, or to a law enforcement agency, or to another person or authority, in accordance with section 37 (1) (a), (b) or (c) (Exercising functions).
(10) A person participating in the special ACC operation/investigation may, instead of giving a thing in accordance with subsection (9) (b) (ii), give the thing to the Attorney-General of the Commonwealth or a State, or to a law enforcement agency, for the purpose of assisting in the investigation of criminal offences, if the person participating in the special ACC operation/investigation is satisfied that the thing is likely to be useful for that purpose.
(11) This section does not affect a right of a person to apply for, or the power of a person to issue, a warrant, if the right or power exists otherwise than because of this section.
(12) Without limiting subsection (1) (a), a reference in this section to a thing connected with a special ACC operation/investigation, includes a reference to a thing that may be used in evidence in a proceeding for the taking, by or on behalf of the Commonwealth or a State or Territory, of civil remedies in relation to a matter connected with, or arising out of, an offence to which the special ACC operation/investigation relates.
(13) In this section:
thing includes a document.